Jerry Moore stands on the bank of the Esopus Creek in front of his house in Ulster. He says people used to water-ski in this section of the creek but sediment washed downstream has made it too shallow. Photo: AP

ALBANY — Critics of New York City’s muddy pollution of an upstate trout stream said Wednesday that an agreement between city and state regulators to address the issue falls short of what’s needed.

Ulster County Executive Mike Hein said the consent order meant to address pollution in the lower Esopus Creek would allow the city to keep using the stream as a release channel when its Ashokan Reservoir gets too muddy. He said it also fails to address measures needed in the Ashokan to reduce downstream flooding.

The state and New York City released the agreement earlier this month. Public comment is being taken until Nov. 15.

Kate Hudson of Riverkeeper said her group maintains that the plan should be part of the larger issue of renewing a waiver that allows the city to avoid building a costly filtration plant.

Under its filtration waiver from the Environmental Protection Agency, the city is required to keep muddiness below a certain level so chlorination can work effectively. Releasing muddy water into the Esopus after heavy rainstorms is the cheapest way to achieve that.

Hein and Riverkeeper say there are other structural options that should be considered, even if they cost more. But the consent order doesn’t require a full examination of the alternatives by an independent panel of scientists, as Riverkeeper demands. Instead, it focuses on operational adjustments.

“The underlying assumption in the consent order is that these releases will not only continue, but are authorized and directed to continue,” Hudson said. “This will continue to be a problem for communities along the lower Esopus watershed. We contend it’s also illegal.”